The Night Mail

[Happy Hippo]

Bearing other matters in mind apart from cake, rugby and whisky, I have heeded Tony's warning about dust mites and have ordered some new microfibre pillows which are alleged to be hypoallergenic.

[simontaylor484]

I haven't had feather pillows since 3yo due to being allergic to them it is one of my asthma triggers 

Its a pain in hotels especially abroad 

[Tony_S]

2 hours ago, Happy Hippo said:

Bearing other matters in mind apart from cake, rugby and whisky, I have heeded Tony's warning about dust mites and have ordered some new microfibre pillows which are alleged to be hypoallergenic.

I am not saying my dear wife is obsessed about such things but we have hypoallergenic covers over the hypoallergenic pillows! Then ordinary cotton pillowcases. I think the extra pillow cover helped when I had a lot of nose bleeds too. If you think Aditi is fussy her sister’s husband takes his own pillows on holiday with him. With the travel ban it at least gives Aditi’s sister a break from stuffing pillows into suitcases. 

[Tony_S]

The heart failure clinic ask questions about pillows too but only about how many you use. I said I start off with two and decrease overnight from two to one or none. This is a good answer it would seem. 

[Tony_S]

1 hour ago, simontaylor484 said:

Its a pain in hotels especially abroad

The last hotel we stayed in in Austria had a pillow menu. In addition there were little pillows filled with pine wood shavings allegedly to help you sleep. Aditi bought one of the pillows from a farmers market. The farmer said if the scent started to fade when we were home  we should just put it our sauna for a while. Aditi smiled nicely.

[Adam88]

Many years ago I had a nose bleed while asleep on an SNCF Lunéa Train de Nuit from Briançon to Paris.  In the morning it looked as if murder had taken place and M Poirot might be needed.

[Happy Hippo]

12 minutes ago, Adam88 said:

Many years ago I had a nose bleed while asleep on an SNCF Lunéa Train de Nuit from Briançon to Paris.  In the morning it looked as if murder had taken place and M Poirot might be needed.

It was all the leetle red cells!

[figworthy]

22 hours ago, Dave Hunt said:

Thank the good Lord for the MRMS* so that such poor souls can be saved. I believe that there are active members in both Yorkshire and France?

 

* Midland Railway Missionary Society

 

Dave

 

Only two members ?

 

Adrian

[polybear]

8 hours ago, rockershovel said:

 

.... but bear in mind that under certain special circumstances, the Executor might be liable for debts of the deceased’s estate. It isn’t usual or common but it does exist. There are also significant problems with debts which have surviving co-signatories or guarantors. 

 

 

 

Bear would be most intrigued to learn what such situations may be to make the Executor liable for debts?  It's a new one on me, and I'm not sure how such a thing could be applied unless the Executor acted without due care, or acted dishonestly.  Naming a trusted family member or friend as Executor allows them to do things such as engaging a solicitor to sort out parts the Executor feels unable or uncomfortable doing, whilst they themselves can do other things such as disposal/distribution of personal effects, arranging for house sale etc.  As an example, it doesn't make sense for a Solicitor to arrange the sale or disposal of personal effects worth five hundred quid, then charge £2K in fees for doing it.

[Adam88]

I would imagine that the executor would be responsible for settling any debts of the deceased from the estate before distributing any assets remaining amongst any beneficiaries.  I don't know what happens if the assets don't cover the debts, e.g. if there was massive negative equity in any property or the deceased was totally and hopelessly bankrupt.

[Happy Hippo]

7 minutes ago, Adam88 said:

I would imagine that the executor would be responsible for settling any debts of the deceased from the estate before distributing any assets remaining amongst any beneficiaries.  I don't know what happens if the assets don't cover the debts, e.g. if there was massive negative equity in any property or the deceased was totally and hopelessly bankrupt.

The first in the queue for payment is always HMRC!

 

 

[rockershovel]

There are certain legal obligations on an Executor, one of which is to discharge their obligations within a specified time frame. This particularly refers to taxable elements of the deceased’s estate, notably Inheritance Tax. The Executor isn’t liable for the tax due, but MAY attract penalties for not making due provision to HMRC within the specified period.

 

This means that the Executor may face the choice between accepting an unfavoùrable valuation in the interests of realising the assets, or making a payment on account to HMRC (who have the option of imposing their valuation and demanding interim payment). The payment on account might be funded from the estate, or by the Executor (this is why so many houses end up “sold at best” at auction). If the Executor makes a payment but subsequently fails to realise the estate for the sum paid, that is their problem. 

 

There is another inherent pitfall here, by which heirs to the estate might bring legal action against the Executor in respect of how the remaining assets are distributed, in the event that available funds don’t cover stated bequests. The estate is not automatically liable for the Executors legal costs. 

 

Solicitors and Banks are well aware of all this, and make sure that any costs arriving from such actions, fall upon the estate. In plain English, if beneficiaries see fit to waste the remaining sum fighting over its detailed distribution, they are happy to assist - for the appropriate remuneration, of course. 

 

People tend to regard acting as an Executor as a small service to a departed friend, and that might be so, but there is good reason why solicitors regard it as a profitable business. I was once asked to act as Executor to a friend, who died relatively young under difficult circumstances following an acrimonious divorce, amid the general belief that her assets considerably exceeded her actual net worth. Essentially she was heavily over-borrowed on property, illiquid in cash terms, in considerable disarray with HMRC  and her various (alleged, putative and actual)  beneficiaries had little, or no reason to make common cause and reach an amicable resolution. 

 

I visited the solicitors and accountants involved and was “put in the picture”. Neither wanted to become unduly involved; they saw it as a messy business with a distinct possibility of never being resolved to the satisfaction of anyone involved, with a side-order of unpaid accounts. I agreed to do quite a lot of unpaid work to minimise their involvement, without actually taking on any legal responsibility. I wouldn’t recommend any part of the experience.

[rockershovel]

7 hours ago, Adam88 said:

I would imagine that the executor would be responsible for settling any debts of the deceased from the estate before distributing any assets remaining amongst any beneficiaries.  I don't know what happens if the assets don't cover the debts, e.g. if there was massive negative equity in any property or the deceased was totally and hopelessly bankrupt.

 

Generally speaking, debts die with the deceased unless insured, secured against identifiable assets or guaranteed by third parties. HMRC take first claim on unsecured assets (they don’t, for example, have claim on insurance paid to settle a credit card debt, because that is not part of the estate, although it affects the claims on the estate). If the deceased signed away assets in life, HMRC don’t get that - but they do have the option to take legal action against such assignations if deemed to have been undertaken to frustrate their claim. 

 

Gifts made to minimise tax liabilities, which don’t subsequently meet the qualifying period for eligibility because the donor dies first, are an abundant source of acrimony in probate... especially if the recipient has already spent the money... 

Edited February 25, 2021 by rockershovel

[Happy Hippo]

Nyda's mother was hit with a penalty from HMRC as the estate of her husband exceeded the IHT allowance.  

 

It was a legal cock up as the 'family solicitor' had sold his business to another company, and they dropped the ball completely as regards acting as the executors and failed to sort out the IHT element of probate within the required time frame.

 

I wanted to take legal action against them, but have you ever tried to get a lawyer to take on another one?

 

However, in the end nothing was done because it boiled down to my mother in law insisting she didn't want the additional stress and aggravation so didn't want to cause a fuss.

 

Needless to say we don't use that particular company any more.

[jamie92208]

35 minutes ago, Happy Hippo said:

Nyda's mother was hit with a penalty from HMRC as the estate of her husband exceeded the IHT allowance.  

 

It was a legal cock up as the 'family solicitor' had sold his business to another company, and they dropped the ball completely as regards acting as the executors and failed to sort out the IHT element of probate within the required time frame.

 

I wanted to take legal action against them, but have you ever tried to get a lawyer to take on another one?

 

However, in the end nothing was done because it boiled down to my mother in law insisting she didn't want the additional stress and aggravation so didn't want to cause a fuss.

 

Needless to say we don't use that particular company any more.

That sounds a familiar story.  I was involved in the estate of a late cousin of my fathers or rather his Swiss widow.  She appointed a newly qualified solicitor as her sole executor.  The lady in question specialised in criminal legal aid work.  As it happenned her incompetence didn't cost me anything as the aunt had left everything to her Swiss Godson but he lost over £400K as the stock market crashed before she got round to selling them.  My brother and I tried not to shed crocodile tears.   I actually met the Godson and his wife in a pub in St Albans. We had a very good meal with a 3 cornered conversation, I spoke English and some French. He spoke German and English and she spoke French and German.   We talked about sueing the solicitor but he decided not to in the end.    The big loss was mainly due to IHT  being on the value of the shares at the date of death before the stock market crash. 

 

Jamie

[Happy Hippo]

Richard:  I'll go and have a shave before I go for my Covid jab.

 

Nyda:  Why bother? You'll be wearing a mask.

[coastalview]

They seem to be moving along at a good rate on the Covid-19 vaccination as Julie has just had a text from the surgery saying that the over 60's are now eligible apparently letters are going out next week.

 

So she has booked Shrewsbury for the beginning of next week. Hopefully it will be as efficient as when I went.

Edited February 25, 2021 by coastalview

[Happy Hippo]

Nyda's just booked both her initial and follow on jabs at one of the Telford Health Centres.

 

Things seem to be moving apace in Shropshire.

[Canal Digger]

49 minutes ago, Happy Hippo said:

Richard:  I'll go and have a shave before I go for my Covid jab.

Hope it goes well. Had mine Sat pm and spent most on Sun dozing, too exhausted to do more

 

[TheQ]

3 hours 35 minutes till I get a new hole in my arm

[coastalview]

2 minutes ago, Canal Digger said:

Hope it goes well. Had mine Sat pm and spent most on Sun dozing, too exhausted to do more

 

Luckily I had little in the way of reaction, just felt a little tired but not enough to stop me doing those things I needed to do. We do all seem to react differently to it.

[Oldddudders]

My cleaner - Alison is Scots - has just told me that she has been invited to get a jab. But as a needle-phobic she won't. She says she doesn't meet many people. No, she only teaches English three days a week in a secondary school! I was there the other week, participating in their oral exam. The school - a fee-paying secondary modern in effect, but the fees are tiny - specialises in offering what amounts to vocational training, in this case for retail. So I was the shopper asking for this and that in English. Sherry and I had done the same thing last year, and it's quite fun, but the awful waiting for them to take on board what I had said was tedious. The teachers seemed pleased with my input, at least. 

 

I managed over an hour of lawn-mowing yesterday, which has 'opened the account', but there will be more to do. My lawn-tractor remains out of service, so pushing the motor-mower round is good for me! 

[Happy Hippo]

1 hour ago, Oldddudders said:

My cleaner - Alison is Scots - has just told me that she has been invited to get a jab. But as a needle-phobic she won't. She says she doesn't meet many people. No, she only teaches English three days a week in a secondary school! I was there the other week, participating in their oral exam. The school - a fee-paying secondary modern in effect, but the fees are tiny - specialises in offering what amounts to vocational training, in this case for retail. So I was the shopper asking for this and that in English. Sherry and I had done the same thing last year, and it's quite fun, but the awful waiting for them to take on board what I had said was tedious. The teachers seemed pleased with my input, at least. 

 

I managed over an hour of lawn-mowing yesterday, which has 'opened the account', but there will be more to do. My lawn-tractor remains out of service, so pushing the motor-mower round is good for me! 

I suppose asking for a DCC sound chip to fit a West Country class pacific was a bit of a rotten trick to play on the poor little mites!

[PhilJ W]

1 hour ago, Oldddudders said:

My cleaner - Alison is Scots - has just told me that she has been invited to get a jab. But as a needle-phobic she won't.

I'm also needle phobic, but I'm also phobic about catching covid so I've had the jab. I was pleasantly surprised how the needle was barely noticeable. 

[tetsudofan]

On 23/02/2021 at 23:16, polybear said:

 

Bear would suggest that having your Brother as Executor is far more sensible, as this gives him complete control over which Solicitor administers your estate, and how much of the work they actually do (your brother could do some of the legwork and the Solicitor do the paperwork, for example).  If a Solicitor is named then all control is lost and they are free to do pretty much as they like, take as long as they like and sting you accordingly (*within the bounds of Solicitors rules, of course).

 

 

 

 

 

Take on all what you say but my brother has made it perfectly clear that he does not want to be named as the Executor. He is well aware that using a Solicitor will cost money but he certainly does not want to waste his time coming down from Lincolnshire to sort out my bits and pieces (and there are boxes and boxes and boxes of them!!) to save a few pounds.

 

The idea situation would be that my departure would happen in an orderly manner. One day I would reach the stage that I can no longer crawl around the garden running trains or play with the others indoors and therefore would be able to arrange the disposal of these items before my departure.

 

But life's not like that. All I know is that I've taken all the necessary steps to make sure that whoever has to sort out my affairs will be able to do so without encountering any problems.

 

Keith